UK Statutory Instrument 2004 United Kingdom

The Water Mergers (Modification of Enactments) Regulations 2004

Part 3 of the Enterprise Act 2002 (“the 2002 Act”) contains the main statutory scheme for the regulation of mergers. Sections 32 to 35 of, and Schedule 4ZA to, the Water Industry Act 1991 (“the 1991 Act”) (as substituted by section 70 of the 2002 Act) provide a separate scheme for the regulation of mergers between water or sewerage undertakers (“water mergers”) in England and Wales. Section 32 of that Act places a duty on the OFT to refer to the Competition Commission any such mergers which exceed certain thresholds that are set pursuant to section 33 of that Act. Show full description

At a glance

Enforced by

Ofwat

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Browse 53 other sections — procedural / definitional / commencement
s.001

Citation, commencement and interpretation

s.002

Modification of Part 3 of the 2002 Act

s.003

Omitted provisions

s.004

Sections 22 to 24: References in relation to completed mergers

s.005

Section 25: Extension of time-limits

s.006

Section 30: Relevant customer benefits

s.007

Section 31: Information powers in relation to completed mergers

s.008

Section 32: Supplementary provision for purposes of section 25

s.009

Section 33: Duty to make references in relation to anticipated mergers

s.010

Section 34: Supplementary provision in relation to anticipated mergers

s.010

Section 34C: functions to be exercised by CMA groups

s.010

Section 34ZA: Time-limits for decisions about references

s.010

Section 34ZB: Extension of time-limits

s.010

Section 34ZC: Sections 34ZA and 34ZB: supplementary

s.011

Sections 35 to 36: Questions to be decided in relation to mergers

s.012

Section 37: Cancellation and variation of references

s.013

Section 38: Investigations and reports on references

s.013

Section 39: Time-limits for investigations and reports

s.014

Section 40: Section 39: supplementary

s.015

Section 41: Duty to remedy effects of completed or anticipated mergers

s.016

Section 71: Initial undertakings: completed mergers

s.017

Section 72: Initial enforcement orders: completed or anticipated mergers

s.017

Section 73A: Time-limits for consideration of undertakings

s.017

Section 74: Effect of undertakings under section 73

s.017

Section 75: Order making power where undertakings under section 73 not fulfilled etc

s.018

Section 77: Restrictions on certain dealings: completed mergers

s.019

Section 78: Restrictions on certain share dealings: anticipated mergers

s.020

Section 79: Sections 77 and 78: further interpretation provisions

s.021

Section 80: Interim undertakings

s.022

Section 81: Interim orders

s.023

Section 82: Final undertakings

s.024

Section 84: Final orders

s.024

Section 89: Subject-matter of undertakings

s.025

Section 103: Duty of expedition in relation to references

s.025

Section 103: Duty of expedition in relation to references

s.026

Section 104: Certain duties of relevant authorities to consult

s.027

Section 105: General information duties of OFT and Commission

s.028

Section 106: Advice and information about references under section 22, 33, 68B or 68C

s.029

Section 107: Further publicity requirements

s.029

Section 108: Defamation

s.030

Section 109: Attendance of witnesses and production of documents etc.

s.030

Section 110A: Restriction on powers to impose penalties under section 110

s.030

Section 110B: Section 110A: supplementary provision

s.030

Section 109B: Extra-territorial application of notices under section 109

s.030

Section 110: Enforcement of powers under section 109: imposition of penalties

s.031

Section 117: False or misleading information

s.031

Section 119: Minority reports of CMA

s.032

Section 120: Review of decisions under Part 3

s.033

Section 122: Primacy of EU law

s.034

Section 127: Associated persons

s.035

Section 129: Other interpretation provisions

s.036

Schedule 10: procedural requirements for certain enforcement undertakings and orders

s.037

Review

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

Water Services Regulation Authority

Economic regulator for the water and sewerage sectors in England and Wales. Sets price limits, monitors service quality, and enforces environmental duties. …

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